Good talk on blocks

Sensei Canna offers insight into the real world of self defense!

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Re: Good talk on blocks

Postby Van Canna » Mon Jun 19, 2017 5:07 am

This is a critical read https://www.usconcealedcarry.com/post-shooting-trauma/


The Abyss

A self defense shooting is a near death experience. As Ayoob points out, “You have stood on the edge of death and looked down into the abyss.” Therefore, if you survive, it is natural to experience some degree of elation and survival euphoria.

After all, you prevailed and you are alive! However, anyone other than a blooming psychopath will likely feel guilty about feeling good after killing someone!

Cognitive dissonance may arise as a result of the co-existence of two incompatible feelings:

guilt as a result of violating the social prohibition against killing another human being_ and elation that you survived the deadly assault.

Unresolved cognitive dissonance leads to anxiety and depression.
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Re: Good talk on blocks

Postby Van Canna » Mon Jun 19, 2017 5:09 am

It is worth repeating again and again that the way we train and what we ingrain physically and mentally from our training, as well as what we may visualize, imagine or even fantasize of our abilities to successfully defend ourselves in the street _ are directly related to the person we actually are physically and mentally...and the type of assailant we are likely to find ourselves up against.

The type of assailant, in particular, I find generally dismissed in our thoughts of personal technique effectiveness.

I posted the Globe article about the burly outlaw gang biker who, for no apparent reason, attacked a patron in the Quincy bar, knocked him out and then stomped his head in with boots, killing him.

According to the Washington Post, about 22 million Americans, 8.9% of the adult population, have impulsive anger issues and anger meaning explosive uncontrollable rage.

These individuals break and smash things, relish to get into physical fights, punch people out and even kill as we have seen in many cases I have posted here.

You might recall the story of a moment of fatal fury at the Burbank ice arena that resulted in a killing.
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Re: Good talk on blocks

Postby Van Canna » Mon Jun 19, 2017 1:32 pm

How a Criminal Case Gets Filed

How does a criminal case get filed?

First, there is an arrest and the police report that follows.

The prosecutor then reads the police report and decides whether or not the arrested should be charged with a crime.

Alternatively, the prosecutor can go to a grand jury and ask them to decide what criminal charges should be filed (an indictment).

Finally, a judge holds a preliminary hearing where he or she decides whether there is enough evidence to proceed.
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Re: Good talk on blocks

Postby Van Canna » Mon Jun 19, 2017 1:34 pm

The Arrest and Report

After an arrest is made, but before anyone is charged with a crime, the police create an arrest report and forward it to the prosecutor.

The report summarizes the events leading up to the arrest and the details of the arrest (dates, time, location, witnesses, etc).

Based on this report, the prosecutor can either:

◾File a complaint with the trial court, setting forth the charges

◾Go to a grand jury, present the evidence to them, and ask them what criminal charges, if any, should be brought

◾Elect to not pursue the matter

Prosecutors not only have a lot of discretion regarding whether or not to file, but also regarding which of many possible crimes a person should be charged with (including a lesser charge).
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Re: Good talk on blocks

Postby Van Canna » Mon Jun 19, 2017 1:36 pm

Charges Must Be Filed Quickly

Prosecutors generally file criminal charges or not within 3 days, although in some jurisdictions in as few as 2 days. Because prosecutors must file so quickly, the crime you are charged with initially may change significantly over time.
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Re: Good talk on blocks

Postby Van Canna » Mon Jun 19, 2017 1:37 pm

Whether to Prosecute

Prosecutors have a lot of discretion on whether to charge a defendant and which offenses they wish to pursue. Here are some of the most important factors to a prosecutor:

◾Political Aspirations: prosecutors often run for office or seek political appointments. As a result, they are keenly aware of the image prosecuting a particular offense sends the community.

Even if the evidence is questionable, if there is considerable community outrage, a prosecutor may decide to pursue a case.

Alternatively, certain crimes will almost always be prosecuted, because not prosecuting them sends a bad message (e.g., DUIs).
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Re: Good talk on blocks

Postby Van Canna » Mon Jun 19, 2017 1:45 pm

The Grand Jury's Role

Grand juries are similar to regular juries (also known as "petit juries", except that a grand jury's job is simply to decide whether or not charges should be brought in the first place rather than deciding the guilt or innocence of a person at trial.

A prosecutor presents evidence to the grand jury, and the grand jury returns its verdict on whether or not charges should be brought and what charges those should be.

Here are some of the other primary differences between a grand jury and a regular jury.

◾Grand juries view evidence to decide whether to file charges, but don't decide guilt like a regular jury.

◾Grand juries generally have more jury members than a regular jury, with some grand juries having as many as 23 members. Regular juries generally have between 6 and 12 members.

◾Grand juries don't require a unanimous decision and sometimes only require a simple majority. Regular juries require a unanimous decision.

◾Grand juries meet secretly, whereas regular juries serve in public trials.
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Re: Good talk on blocks

Postby Van Canna » Mon Jun 19, 2017 1:48 pm

How Grand Juries Work

Unlike regular juries, grand juries do a lot behind closed doors. This means that potential defendants are not present during grand jury proceedings and neither are their lawyers.

The prosecutor gives the jurors a "bill" of charges, and then presents evidence, including witnesses, in order to obtain an indictment.

These proceedings are secret, but transcripts for the proceeding may be obtained after the fact.

Prosecutors like grand juries because they function like a "test" trial and enable prosecutors to see how the evidence will be received by jurors.

If the grand jury indicts a defendant based on the evidence presented, it returns a "true bill". If the grand jury decides not to indict, it returns a "no bill".

However, even if a grand jury does not indict, the prosecutor can return to the same grand jury and present additional evidence, get a new grand jury, or even file criminal charges regardless.
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Re: Good talk on blocks

Postby Van Canna » Mon Jun 19, 2017 5:10 pm

The Preliminary Hearing

If the case a is a felony and the prosecutor bypasses a grand jury to file charges, then a preliminary hearing is held.

At the hearing, the prosecutor must demonstrate to the judge that the state has enough evidence to warrant a trial.

If the case proceeds based on a grand jury indictment, however, then no preliminary hearing is required.

For this reason, prosecutors tend to favor grand juries, because the grand jury process allows them to wait to reveal what evidence they have until trial.
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Re: Good talk on blocks

Postby Van Canna » Mon Jun 19, 2017 5:13 pm

Another legal nightmare of a self defense 'action' can be found in the 'Mens Rea' [The guilty mind] component of anything we may do in self protection, and something the prosecution will scrutinize closely.

http://www.criminaldefenselawyer.com/re ... inal-cases

Acquittal in spite of proven mens rea

Some defenses require acquittal even where the state has proven actus reus and mens rea.

These defenses include self-defense and justifiable homicide.

George Zimmerman’s attorneys argued to the jury that Zimmerman acted in self-defense and offered evidence that they say showed that Trayvon Martin was attacking Zimmerman when Zimmerman shot him.

This evidence persuaded the jury that Zimmerman acted in self-defense and the jury acquitted him despite the fact that he intended to, and did, kill Martin.
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Re: Good talk on blocks

Postby Van Canna » Mon Jun 19, 2017 5:15 pm

A great read...

http://www.samharris.org/blog/item/the- ... t-violence


Similarly, all men should learn to recognize and shun status-seeking displays of aggression. This is one problem that women generally don’t have to worry about. It is, for instance, very rare for a woman to find herself party to an exchange like this:

“What are you looking at, ass-hole?”

“Who are you calling an ass-hole?”

“You, bitch. What are you going to do about it?”

Nevertheless, young men are easily lured into social dominance games from which neither party can find a face-saving exit. The violence that erupts at such moments is as unnecessary as it is predictable. If you want to preserve your health and stay out of prison, you must learn to avoid or defuse conflict of this kind.

When a conflict turns physical, there is always a risk that someone will be severely injured or killed. Imagine spending a year or more in prison because you couldn’t resist punching some bully who dearly deserved it, but who then hit his head on a fire hydrant and died from a brain injury.

As a matter of law, the moment you engage in avoidable violence of this kind—rising to a challenge and escalating the conflict—you lose any legal claim to self-defense.

Rather, you were fighting—which is illegal—and in this case you accidentally killed your opponent.

You are now likely to get more practice fighting in prison.

(Meanwhile, the costs of your criminal defense, and perhaps a subsequent civil lawsuit, could easily bankrupt you.)

Take this maxim to heart: Self-defense is not about winning fights with aggressive men who probably have less to lose than you do.⁠

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Re: Good talk on blocks

Postby Van Canna » Wed Jun 21, 2017 5:12 am

“What are you looking at, ass-hole?”

“Who are you calling an ass-hole?”

“You, bitch. What are you going to do about it?”



Think about this...you are a Uechi Black Belt...at a party with friends...and this happens...how would you handle it?

How do you back down gracefully?
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Re: Good talk on blocks

Postby Van Canna » Wed Jun 21, 2017 5:13 am

Another principle is lurking here that should be made explicit: Never threaten your opponent. The purpose of his verbal challenge was to get you to respond in such a way as to make him feel justified in attacking you.

You shouldn’t collaborate in this process or advertise your readiness to defend yourself. Even if violence seems unavoidable, and you decide to strike preemptively, you should do so from a seemingly unaggressive posture, retaining the element of surprise. (This requires training.) Putting up your dukes and agreeing to fight has no place in a self-defense repertoire.⁠


But can you really do it?
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Re: Good talk on blocks

Postby Van Canna » Wed Jun 21, 2017 5:15 am

Thus, whatever ego problems or impulse-control issues you have should be worked out ahead of time.

You should forget about saving face while recognizing that if you ever find yourself in a social-dominance contest you will probably feel a deep urge to say or do the wrong thing.⁠[5]

Deciding on an appropriate course of action in advance is your best protection against being dangerously stupid in the heat of the moment.

The challenge for every man is to decline to play an ancient game whose rules and imperatives have been inscribed in his very cells.

If you want to avoid unnecessary violence, you must keep your inner ape on a very short leash.
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Re: Good talk on blocks

Postby Van Canna » Wed Jun 21, 2017 5:16 am

“What are you looking at, #####?”

“Sorry, man. I was just spacing out. It’s been a long day.”

De-escalate and move on.


You think that's easy?
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